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Wedi'u gwneud | 5 Mehefin 2001 | ||
Yn dod i rym | 12 Gorffennaf 2001 |
Diwygio rheoliad 4 o'r prif Reoliadau
4.
Yn rheoliad 4 o'r prif Reoliadau (rhestr ddeintyddol)-
Diwygio rheoliad 5 o'r prif Reoliadau
5.
Yn rheoliad 5 o'r prif Reoliadau (gwneud cais am gael eich cynnwys yn y rhestr ddeintyddol)-
(2B) Where the Health Authority, following its inspection of the proposed premises, determines in accordance with paragraph (2) that a dentist's name should not be included in the dental list because the practice premises are not proper and sufficient for the provision of general dental services, it shall -
(2C) Where a dentist appeals in accordance with paragraph (2B), the National Assembly for Wales shall make arrangements with the dentist to carry out an inspection of the proposed practice premises within 28 days following receipt of the dentist's notice of appeal, or such longer period as may be mutually agreed.
(2D) The inspection shall be carried out by a person nominated by the National Assembly for Wales in the presence of the dentist and a representative of the Health Authority.
(2E) The National Assembly for Wales shall, following the inspection, determine whether the proposed practice premises are proper and sufficient for the provision of general dental services.
(2F) Where the National Assembly for Wales determines, in accordance with paragraphs (2C) to (2E), that the proposed practice premises are proper and sufficient for the provision of general dental services, it shall forthwith give notice in writing of its determination to the Health Authority and the dentist and shall include with the notice a statement of the reasons for its determination and the Health Authority shall, on receiving such notification, include the dentist's name in the dental list forthwith.
(2G) Where the National Assembly for Wales determines, in accordance with paragraphs (2C) to (2E), that the proposed practice premises are not proper and sufficient for the provision of general dental services, it shall forthwith give notice in writing of its determination to the Health Authority and the dentist and shall include with the notice a statement of the reasons for its determination.".
Rhestr anesthesia gyffredinol
6.
Ar ôl rheoliad 5C mewnosodwch-
(8) Where the Health Authority determines in accordance with paragraph (6) that a dentist's name should not be included in its general anaesthesia list because the practice premises are not proper and sufficient for the provision of treatment under general anaesthesia, it shall-
(9) Where the dentist appeals in accordance with paragraph (8), the National Assembly for Wales shall make arrangements with the dentist to carry out an inspection of the practice premises within 28 days following its receipt of the dentist's notice of appeal, or such longer period as may be mutually agreed.
(10) The inspection shall be carried out by a person nominated by the National Assembly for Wales in the presence of the dentist and a representative of the Health Authority.
(11) The National Assembly for Wales shall, following the inspection, determine whether the practice premises are proper and sufficient for the provision of treatment under general anaesthesia.
(12) Where the National Assembly for Wales determines, in accordance with paragraphs (9) to (11), that the practice premises are proper and sufficient for the provision of treatment under general anaesthesia, it shall forthwith give notice in writing of its determination to the Health Authority and the dentist and shall include with the notice a statement of the reasons for its determination and the Health Authority shall, on receiving such notification, add the dentist's name to its general anaesthesia list forthwith.
(13) Where the National Assembly for Wales determines, in accordance with paragraphs (9) to (11), that the practice premises are not proper and sufficient for the provision of treatment under general anaesthesia, it shall forthwith give notice in writing of its determination to the Health Authority and the dentist and shall include with the notice a statement of the reasons for its determination.
(14) A dentist may apply for his name to be removed from the general anaesthesia list by notifying the Health Authority of his wish in writing.
(15) A dentist's name shall be removed from the general anaesthesia list forthwith if his name is removed for any reason from the Health Authority's dental list.
Removal from or amendment of the general anaesthesia list
5E
(1) Where, following an inspection under paragraph 33A(6) of Schedule 1, the Health Authority determines that the practice premises are no longer proper and sufficient for the provision of treatment under general anaesthesia, it shall forthwith give notice in writing of its determination to the dentist and shall include with the notice a statement of the reasons for its determination and a statement that the dentist may, within 28 days following the day he received notice of such determination, appeal to the National Assembly for Wales against it.
(2) In a case falling within paragraph (1) the Health Authority shall ascertain by making enquiries of the National Assembly for Wales, whether the dentist has appealed in accordance with paragraph (1) and, where he has not done so, shall, subject to paragraph (8), remove his name from the general anaesthesia list forthwith.
(3) Where a dentist appeals in accordance with paragraph (1), the National Assembly for Wales shall make arrangements with the dentist to carry out an inspection of the practice premises within 28 days following receipt of the dentist's notice of appeal, or such longer period as may be mutually agreed.
(4) The inspection shall be carried out by a person nominated by the National Assembly for Wales in the presence of the dentist and a representative of the Health Authority.
(5) The National Assembly for Wales shall, following an inspection, determine whether the practice premises continue to be proper and sufficient for the provision of treatment under general anaesthesia.
(6) Where the National Assembly for Wales determines, in accordance with paragraphs (3) to (5), that the practice premises continue to be proper and sufficient for the provision of treatment under general anaesthesia, it shall forthwith give notice in writing of its determination to the Health Authority and the dentist and shall include with the notice a statement of the reasons for its determination.
(7) Where the National Assembly for Wales determines, in accordance with paragraphs (3) to (5) that the practice premises are no longer proper and sufficient for the provision of treatment under general anaesthesia, it shall forthwith give notice in writing of its determination to the Health Authority and the dentist and shall include with the notice a statement of the reasons for its decision and the Health Authority shall, on receiving such notification, but subject to paragraph (8), remove the dentist's name from its general anaesthesia list forthwith.
(8) Where a case falls within paragraphs (2) or (7) but the dentist provides treatment to patients under general anaesthesia at more than one set of practice premises, the address of the practice premises in question shall be erased from the general anaesthesia list but the dentist's name shall continue to be included in the list unless all of the practice premises at which he provides such treatment are no longer proper and sufficient for the provision of treatment under general anaesthesia.".
Diwygio Atodlen 1 i'r prif Reoliadau
7.
-
(1) Mae Atodlen 1 i'r prif Reoliadau (amodau gwaith deintyddion) yn cael ei diwygio fel a ganlyn.
(2) Ym mharagraff 16 (cymysgu gwasanaethau deintyddol a gofal a thriniaeth breifat)-
(3) Ym mharagraff 21 (anesthesia gyffredinol a thawelyddu)-
(4) Ym mharagraff 27A (llenwi ffurflenni hawlio)-
(5) Ar ôl paragraff 33 (adeiladau etc) mewnosodwch-
(6) Ym mharagraff 40 (anestheteg gyffredinol), yn lle "a doctor or another dentist", rhowch "an appropriately qualified doctor".
Llofnodwyd ar ran Cynulliad Cenedlaethol Cymru o dan Adran 66(1) o Ddeddf Llywodraeth Cymru 1998[4]
5 Mehefin 2001
D. Elis Thomas
Llywydd Cynulliad Cenedlaethol Cymru
Diwygiwyd adran 15(1) gan Ddeddf Iechyd a Nawdd Cymdeithasol 1984 (p.48) ("Deddf 1984"), adran 5(2); gan Ddeddf 1990, adran 12(1) a chan Ddeddf Awdurdodau Iechyd 1995 (p.17) ("Deddf 1995"), adran 2(1) ac Atodlen 1, paragraff 6(e).
Amnewidiwyd adran 35(1) gan O.S. 1985/39, erthygl 7(9), ac fe'i diwygiwyd gan Ddeddf 1995, Atodlen 1, paragraff 24.
Rhifwyd adran 36(1) felly gan Ddeddf 1984, Atodlen 3, paragraff 5(1) ac fe'i diwygiwyd gan O.S. 1981/432, erthygl 3(3)(a); gan O.S. 1985/39, erthygl 7(10); gan adran 25 o Ddeddf Iechyd a Meddyginiaethau 1988 (p.49) ac Atodlen 2, paragraff 4 iddi; gan Ddeddf 1990, adran 24(2) a chan Ddeddf 1995, adran 2(1) ac Atodlen 1, paragraff 25(a). Mewnosodwyd adran 36(3) gan Ddeddf 1990, adran 24(3).
Diwygiwyd adran 126(4) gan Ddeddf 1990, adran 65(2); a chan Ddeddf Iechyd 1999 (p.8) ("Deddf 1999"), Atodlen 4, paragraff 37(6).
Cafodd swyddogaethau'r Ysgrifennydd Gwladol o dan adrannau 15(1), 35(1), 36(1) a (3) a 126(4) o Ddeddf 1977 eu trosglwyddo i Gynulliad Cenedlaethol Cymru gan Orchymyn Cynulliad Cenedlaethol Cymru (Trosglwyddo Swyddogaethau) 1999, O.S. 1999/672, erthygl 2 ac Atodlen 1, fel y'u diwygiwyd gan adran 66(5) o Ddeddf 1999.back
[2] O.S.1992/661; yr offerynnau diwygio perthnasol yw O.S.1993/2209 a 3172, 1995/3092, 1998/1648 a 2000/3118.back
[3] O.S.1989/394, fel y'i diwygiwyd gan O.S. 1991/581, 1992/369, 1993/419, 1994/530, 1995/444, 1996/389, 1997/558, 1998/490 a 2221, 1999/544, 2000/977 (Cy.47) a 2001/1359 (Cy.87)back